OCR Text |
Show 355 history of the 1891 Act reveals references during debate in the House to the desirability of withdrawing forested public lands from entry in order, among other things, to restrain floods and to protect water supply and stream flow.17 But express recog- nition of this purpose does not appear in the statute. On the other hand, the 1897 statute specifically prohibits establish- ment of national forests except to improve and protect the forests within the boundaries, "or for the purpose of securing favorable conditions of water flows," or to furnish a continuous timber supply.18 In view of the announced purpose of "securing favorable conditions of water flows," importance attaches to the author- ity for the issuance of rules and regulations "for the use and occupation" of national forests and the sale of products there- from.19 For this authority has formed the basis for the pre- scribed methods of management of national forests, including those designed to effectuate the Act's purpose to secure "favor- able conditions of water flows." " Noteworthy also is the inclusion in the 1897 statute of a pro- vision that: a All waters on such reservations may be used for do- mestic, mining, milling, or irrigation purposes, under the laws of the State wherein such forest reservations are situated, or under the laws of the United States and the rules and regulations established thereunder. The 18^1 and 1897 laws made provision for national forests only in the Western States since they applied only as to the public domain. "21 Cong. Reo. 2537-2538 (1890); 22 Cong. Bbc. 3613-3614, 3616 (1891). M Act of June 4,1897,30 Stat. 11,35,16 U. S. O. 475. M Act of June 7,1924, § 9, 43 Stat. 653, 655,16 TJ. S. C. 471 (b). "36C. F. R. 211.1-261.15. 1130 Stat. 11, 36, 16 U. S. C. 481. In 1944, Congress authorized appro- priations for expenditures by the Forest Service for the "investigation and establishment of water rights, including the purchase thereof or of lands or interests in lands or rights-of-way for use and protection of water rights necessary or beneficial in connection with the administration and public use of the national forests." Act of September 21, 1944, § 213, 58 Stat. 734, 737,16 U. S. 0. 526. |